HomeMy WebLinkAbout1991-39 Agreement with Deerfield Beach for Mutual Aid Services-Building DeptsRESOLUTION NO. 91 - 39
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
PARKLAND, FLORIDA, AUTHORIZING THE CITY OFFICIALS TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF PARKLAND AND
THE CITY OF DEERFIELD BEACH FOR MUTUAL AID IN THE
PROVISION OF INSPECTION AND BUILDING OFFICIAL SERVICES.
WHEREAS, the City Commission of the City of Parkland finds
and determines that it is in the best interests of the citizens
of the City to enter into the attached Agreement with the City of
Deerfield Beach for mutual aid in the provision of inspection and
building official services;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF PARKLAND, FLORIDA:
Section 1. That the appropriate City officials are hereby
authorized to execute the attached Agreement between the City of
Parkland, Florida and the City of Deerfield Beach.
Section 2. That this Resolution shall be in full force and
effect immediately upon its passage and adoption.
PASSED AND ADOPTED THIS 19 DAY OF September 1991.
SUSAN ARMSTRONG, C.M.C'\il CITY CLERK
Resol. 91-39 AGREEMENT
BETWEEN City of Deerfield Beach and City of Parkland
for MUTUAL AID IN THE PROVISION OF
INSPECTION AND BUILDING OFFICIAL SERVICES
THIS AGREEMENT is made by and between:
CITY OF DEERFIELD BEACH, FLORIDA, a municipal
corporation existing under the laws of the State of Florida,
hereinafter referred to as "DEERFIELD" and CITY OF PARKLAND,
FLORIDA, a municipal corporation existing under the laws of
the State of Florida, hereinafter referred to as "PARKLAND":
WITNESSETH:
WHEREAS, DEERFIELD maintains a Building Department that
conducts plans examinations and inspections pursuant to the
South Florida Building Code, and
WHEREAS, PARKLAND maintains a Building Department that
conducts plans examinations and inspections. pursuant to the
South Florida Building Code, and
WHEREAS, both DEERFIELD and PARKLAND are desirous of
utilizing the services of each other from time to time for
the performance of plans examinations and inspections
pursuant to the South Florida Building Code within their
respective municipal boundaries, and
WHEREAS, both DEERFIELD and PARKLAND are each willing to
perform said services on the terms and conditions hereinafter
set forth, and
WHEREAS, both parties are authorized by virtue of
163.01, Florida Statute, to enter into agreements with other
governmental agencies for joint performance, or the
Resol. 91-39 Page 2
performance by one unit on behalf of the other, of any of
either agency's authorized functions, and
WHEREAS, both parties have additional authority, by
virtue of Article B, 2 (b), of the Constitution of the State
of Florida and Florida Statute 166.021, to enter into this
Agreement, and
WHEREAS, the parties hereto intend to enter into.an
agreement whereby they shall "swap" or "share" their Building
Department employees when required, with payment being made
only for the time utilized by one city in excess of those
hours which are mutually "swapped" or "shared",
NOW, THEREFORE, in consideration of the premises and
mutual covenants hereinafter contained, the parties agree as
follows:
I. INTENT
The parties hereto hereby adopt and incorporate herein
the previous recitals and the parties do agree that these
recitals accurately and truly reflect the intent of the
parties.
Resol. 91-39
Page 3
II. SCOPE OF SERVICES, PERFORMANCE OF FUNCTIONS AND DUTIES
DEERFIELD and PARKLAND do each hereby transfer to the
other the authority to perform the functions indicated below.
INSPECTIONS PLAN REVIEW
(A) Building Inspections X X
(B) Plumbing Inspections X X
(C) Electrical Inspections X X
(D) Mechanical Inspections X X
(E) Landscaping Inspections X X
(F) Mobile Home Inspections X X
(G) Code Enforcement of the South
Florida Building Code X X
(H) Zoning Code Conformance X X
(I) Building Official Functions
Required by the South
Florida Building Code X X
Both DEERFIELD and PARKLAND shall perform the
above-described function(s) as indicated by an "X", through
its Building Department or any successor department which may
be created. Both cities shall provide one to the other the
inspections and plan review required under the South Florida
Building Code including Building Official functions. This
Agreement covers only the services specified above.
III. COMPENSATION
(a) The parties hereto shall keep records of the actual
time spent, including travel time portal to portal, by their
respective personnel whose services are to be utilized
pursuant to this Agreement. Thirty (30) days prior to the
end of each city's respective fiscal year, the parties hereto
will tabulate the amount of hours which each has utilized the
services of the other party pursuant to this Agreement. That
city which has utilized more hours than the other will pay
Resol. 91-39 Page 4
only for that time which is in excess of the amount which has
been utilized by the other city.
(b) the City which utilizes more time than the amount of
time utilized by the other city, agrees to pay THIRTY-FIVE
DOLLARS AND FIFTY CENTS ($35.50) per hour for each hour
utilized in excess of the hours which are mutually swapped.
Any fractional portion of an hour shall be prorated at the
rate of $35.50 per hour. The parties agree that the minimum
unit of time for billing purposes shall be .25 (1/4) hour.
Payment shall be made in full by no later than September
30 of each year. Interest will accrue on unpaid balances at
the rate of one and one-half percent (1-1/2%) per month.
IV. INDEMNIFICATION AND INSURANCE:
It is understood and agreed that in the event any
person, firm, corporation, or other body or entity should
sustain damages or claim to have sustained damages by reason
of the performance or non-performance of any of the
aforementioned functions or duties conducted by DEERFIELD for
PARKLAND as provided herein, then, in such event PARKLAND
agrees to indemnify and hold harmless DEERFIELD for all
costs, losses, expenses and damages to persons or property,
including but not limited to, judgements, costs and
attorney's fees arising out of and in connection with the
claim or cause of action, and if called upon by DEERFIELD,
PARKLAND shall take over and defend not only itself, but also
DEERFIELD in connection with any such suit or cause of action
at no cost and expense to DEERFIELD. It is further
Resol. 91-39
Page 5
understood by the parties that the terms and obligations of
this indemnification will remain in effect and enforceable by
DEERFIELD irrespective of the termination of the services
provided under this Agreement.
It is further agreed that PARKLAND shall provide and
keep in force during the term of this Agreement a general
liability insurance policy or self insured -self funded
responsibility of not less than ONE HUNDRED THOUSAND DOLLARS
($100,000.00) per person and TWO HUNDRED THOUSAND DOLLARS
($200,000.00) per occurrence under Statutory Immunity of
Florida Statute 768.28 for each incident. If such Statute be
amended, PARKLAND shall increase coverage to comply with such
•-amendment. PARKLAND agrees to furnish a copy of a
Certificate of Insurance as aforementioned, or provide a
Certificate Letter naming DEERFIELD as a covered entity for
the period of the contract not later than seven (7) days
after the execution of this Agreement. Said policy or letter
shall name DEERFIELD as an additional insured for any
liability of DEERFIELD arising out of DEERFIELD'S activity or
alleged inactivity, including claims of negligence in the
performance of the functions and duties specified in this
Agreement, and further shall state that said coverage
agreement is not cancellable by either the insurer or
PARKLAND without written notice by registered mail to the
CITY OF DEERFIELD BEACH thirty (30) days prior to the
effective date of said cancellation.
Resol. 91-39
Page 6
It is understood and agreed that in the event any
person, firm, corporation, or other body or entity should
sustain damages or claim to have sustained damages by reason
of the performance or non-performance of any of the
aforementioned functions or duties conducted by PARKLAND for
DEERFIELD as provided herein, then, in such event DEERFIELD
agrees to indemnify and hold harmless PARKLAND for all costs,
losses, expenses and damages to persons or property,
including but not limited to, judgements, costs and
attorney's fees arising out of and in connection with the
claim or cause of action, and if called upon by PARKLAND,
DEERFIELD shall take over and defend not only itself, but
also PARKLAND in connection with any such suit or cause of
action at no cost and expense to PARKLAND. It is further
understood by the parties that the terms and obligations of
this indemnification will remain in effect and enforceable by
PARKLAND irrespective of the termination of the services
provided under this Agreement.
It is further agreed that DEERFIELD shall provide and
keep in force during the term of this Agreement a general
liability insurance policy or self insured -self funded
responsibility of not less than ONE HUNDRED THOUSAND DOLLARS
($100,000.00) per person and TWO HUNDRED THOUSAND DOLLARS
($200,000.00) per occurrence under Statutory Immunity of
Florida Statute 768.28 for each incident. If such Statute be
amended, DEERFIELD shall increase coverage to comply with
such amendment. DEERFIELD agrees to furnish a copy of a
Certificate of Insurance as aforementioned, or provide a
Resol. 91-39
Page 7
Certificate Letter naming PARKLAND as a covered entity for
the period of the contract not later than seven (7) days
after the execution of this Agreement. Said policy or letter
shall name PARKLAND as an additional insured for any
liability of PARKLAND arising out of PARKLAND'S activity or
alleged inactivity, including claims of negligence in the
performance of the functions and duties specified in this
Agreement, and further shall state that said coverage
agreement is not cancellable by either the insurer or
DEERFIELD without written notice by registered mail to the
CITY OF PARKLAND thirty (30) days prior to the effective date
of said cancellation.
Resol. 91-39
Page 8
v. TERM OF AGREEMENT:
This Agreement shall become effective at 12:01 A.M. on
October 1,
1991 and shall continue in full force
and effective until midnight on
September 30, 1992.
This Agreement shall remain in full force and effect unless
written notice of termination by DEERFIELD or PARKLAND is
provided one to the other. Unless terminated as provided in
Section VI hereof, this Agreement shall be automatically
renewed from year to year for successive one (1) year periods
thereafter by request of either party hereto and by accep-
tance of the other party hereto.
VI. TERMINATION
This agreement may be terminated by either party hereto
upon thirty (30) days written notice to the other party of
such termination.
Should the Agreement be terminated, the parties will
determine how much, if any, is owed by one city to the other
and such indebtedness shall be paid in full by no later than
sixty (60) days after the receipt of the written notice of
termination.
Resol. 91-39
Page 9
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands the day set below their signature.
Approved as to form:
By
Attest:
CITY OF DEERFIELD BEACH, FLORIDA
a municipal corporation
City Clerk
(Seal)
Approved as to form:
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Attest:
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